Part-4 Directive Principles, Policies and Obligations of the State

Part-4 Directive Principles, Policies and Obligations of the State

Directive Principles, Policies and Obligations of the State

49. To be guiding principles:

(1) The directive principles, policies and obligations set
forth in this Part shall be the guiding principles for the governance of the State.

(2) The State shall mobilize, or cause to be mobilized, means and
resources, as required, to implement the principles, policies and obligations set
forth in this Part.

50. Directive principles:

(1) The political objective of the State shall be to establish a
public welfare system of governance, by establishing a just system in all aspects of
the national life through the rule of law, values and norms of fundamental rights
and human rights, gender equality, proportional inclusion, participation and social
justice, while at the same time protecting the life, property, equality and liberties of
the people, in keeping with the vitality of freedom, sovereignty, territorial
integrity and independence of Nepal, and to consolidate a federal democratic
republican system of governance in order to ensure an atmosphere conducive to
the enjoyment of the fruits of democracy, while at the same time maintaining the
relations between the Federal Units on the basis of cooperative federalism and
incorporating the principle of proportional participation in the system of
governance on the basis of local autonomy and decentralization.

(2) The social and cultural objective of the State shall be to build a
civilized and egalitarian society by eliminating all forms of discrimination,
exploitation and injustice on the grounds of religion, culture, tradition, usage,
custom, practice or on any other similar grounds, to develop social, cultural values
founded on national pride, democracy, pro-people, respect of labour,
entrepreneurship, discipline, dignity and harmony, and to consolidate the national
unity by maintaining social cohesion, solidarity and harmony, while recognizing
cultural diversity.

(3) The economic objective of the State shall be to achieve a sustainable
economic development, while achieving rapid economic growth, by way of
maximum mobilization of the available means and resources through participation
and development of public, private and cooperatives, and to develop a socialismoriented
independent and prosperous economy while making the national economy
independent, self-reliant and progressive in order to build an exploitation free
society by abolishing economic inequality through equitable distribution of the
gains.

(4) The State shall direct its international relations towards enhancing
the dignity of the nation in the world community by maintaining international
relations on the basis of sovereign equality, while safeguarding the freedom,
sovereignty, territorial integrity and independence and national interest of Nepal.
51. Policies of the State:

The State shall pursue the following policies:

(a) Policies relating to national unity and national security:
(1) to keep intact the national unity, while protecting the freedom,
sovereignty, territorial integrity and independence of Nepal,

(2) to promote the national unity while developing mutual cooperative
relations between the Federal Units by maintaining mutual cohesion,
harmony and solidarity between various castes, tribes, religions,
languages, cultures and communities,

(3) to maintain law and order by developing a national security system,

(4) to guarantee the overall human security system,

(5) to make all security organs, including the Nepal Army, Nepal Police
and Armed Police Force Nepal, competent, strong, professional,
inclusive and accountable to the people, on the basis of national
security policies,

(6) to make and keep the citizens ready and competent to serve the
nation as and when necessary

(7) to make proper use, in nations’ interest, of the knowledge, skills and
experiences of former public employees including former
employees, military and police.

(b) Policies relating to political and governance system of State:

(1) to guarantee the best interests and prosperity of the people through
economic, social and cultural transformations, while safeguarding,
consolidating and developing political achievements,

(2) to maintain rule of law by protecting and promoting human rights,

(3) to implement international treaties, agreements to which Nepal is a
party,

(4) to guarantee good governance by ensuring the equal and easy access
of the people to the services and facilities delivered by the State,
while making public administration fair, competent, impartial,
transparent, free from corruption, accountable and participatory,

(5) to make necessary provisions to make mass media fair, healthy,
impartial, decent, responsible and professional,

(6) to develop and expand harmonious and cooperative relations
between the Federal Units by way of sharing of responsibilities,
resources and administration between them.

(c) Relating to social and cultural transformation:

(1) to build the society founded on cordial social relations by developing
a healthy and civilized culture,

(2) to carrying out studies, research works, excavation and
dissemination for the protection, promotion and development of
ancient, archaeological and cultural heritages,

(3) to make community development through enhancement of local
public participation, by promoting and mobilizing the creativity of
local communities in social, cultural and service-oriented works,

(4) to focus on the development of arts, literature and music which form
national heritages,

(5) to end all forms of discrimination, inequality, exploitation and
injustice in the name of religion, custom, usage, practice and
tradition existing in the society,

(6) to protect and develop languages, scripts, culture, literature, arts,
motion pictures and heritages of various castes, tribes,and
communities on the basis of equality and co-existence, while
maintaining the cultural diversity of the country,

(7) to pursue a multi-lingual policy.

(d) Relating to economy, industry and commerce:

(1) to enhance national economy through partnership and independent
development of the public, private and cooperative sectors,

(2) to achieve economic prosperity by way of optimum mobilization of
the available means and resources, while focusing on the role of
private sector in economy,

(3) to promote the cooperative sector and mobilize it in national
development to the maximum extent,

(4) to encourage and mobilize the economic sector in the overall
national development, while providing for regulation to maintain
fairness, accountability and competition in all of its activities,

(5) to make equitable distribution of the available means and resources
and benefits of economic development,

(6) to diversify and expand markets for goods and services, while
promoting exports through development and expansion of industries
upon identifying areas of comparative advantage,

(7) to protect the interests of consumers by maintaining trade fairness
and discipline by making national economy competitive, while
ending activities such as creating black marketing, monopoly,
artificial scarcity and restricting competition,

(8) to protect and promote domestic industries and resources and accord
priority to domestic investment based on Nepalese labour, skills and
raw materials for the development of national economy,

(9) to give priority to domestic investment for the development of
national economy,

(10) to encourage foreign capital and technological investment in areas of
import substitution and export promotion, in consonance with
national interest, and encourage and mobilize such investment in
infrastructure building,

(11) to make the obtaining of foreign assistance transparent, while
making the national needs and priorities as the basis for obtaining
foreign assistance, and incorporating amounts received in form of
foreign assistance in the national budget,

(12) to utilize knowledge, skill, technology and capital of the nonresident
Nepalese in the national development,

(13) to give dynamism to the economic development by establishing
coordination between the States and the States and the Federation in
relation to industrial corridors, special economic zones, national
projects and projects involving foreign investment.

(e) Policies relating to agriculture and land reforms:

(1) to make scientific land reforms having regard to the interests of the
farmers, while ending the dual ownership existing in the lands,

(2) to enhance product and productivity by carrying out land pooling,
while discouraging inactive land ownership,

(3) to make land management and commercialization, industrialization,
diversification and modernization of agriculture, by pursuing landuse
policies to enhance agriculture product and productivity, while
protecting and promoting the rights and interests of the farmers,

(4) to make proper use of lands, while regulating and managing lands on
the basis of, inter alia, productivity, nature of lands and ecological
balance,

(5) to provide for the farmers’ access to agricultural inputs, agroproducts
at fair price and market.

(f) Policies relating to development:

(1) to formulate sustainable socio-economic development strategies and
programs under the regional development plan for inclusive
economic development with regional balance, and implement them
in a coordinative manner,

(2) to develop balanced, environment friendly, quality and sustainable
physical infrastructures, while according priority to the regions
lagging behind from development perspective,

(3) to enhance local public participation in the process of development
works,

(4) to enhance investment in scientific study, research works and in
invention, progress and development of science and technology, and
protect scientists, technologists, intellectual and eminent talents,

(5) to ensure easy and simple access of the general public to information
technology by developing and expanding information technology to
the tune of national needs, and make optimum utilization of
information technology in the national development,

(6) to make provisions enabling the general public to enjoy fruits of
development in a just manner, while according priority to the
indigent citizens in the distribution of such fruits,

(7) to develop an integrated national identity management information
system and manage all kinds of information and data of the citizens
in an integrated manner, and linking such system with the services
and facilities provided by the State and with national development
plans,

(8) to update demographic statistics and linking it with national
development plans.

(g) Policies relating to protection, promotion and use of natural resources:

(1) to protect, promote, and make environmental friendly and
sustainable use of, natural resources available in the country, in
consonance with national interest and adopting the concept of intergenerational
equity, and make equitable distribution of fruits,
according priority and preferential right to the local communities,

(2) to make multi-purpose development of water resources, while
according priority to domestic investment based on public
participation,

(3) to ensure reliable supply of energy in an affordable and easy manner,
and make proper use of energy, for the fulfilment of the basic needs
of citizens, by generating and developing renewable energy,

(4) to develop sustainable and reliable irrigation by making control of
water-induced disasters, and river management,

(5) to conserve, promote, and make sustainable use of, forests, wildlife,
birds, vegetation and bio-diversity, by mitigating possible risks to
environment from industrial and physical development, while raising
awareness of general public about environment cleanliness,

(6) to maintain the forest area in necessary lands forecological balance,

(7) to adopt appropriate measures to abolish or mitigate existing or
possible adverse environmental impacts on the nature, environment
or biological diversity,

(8) to pursue the principles of environmentally sustainable development
such as the principles of polluter pays, of precaution in
environmental protection and of prior informed consent.

(9) to make advance warning, preparedness, rescue, relief and
rehabilitation in order to mitigate risks from natural disasters.

(h) Policies relating to basic needs of the citizens:
(1) to prepare human resources that are competent, competitive, ethical,
and devoted to national interests, while making education scientific,
technical, vocational, empirical, employment and people-oriented,

(2) to make private sector investment made in education serviceoriented
by regulating and managing such investment, while
enhancing the State’s investment in the education sector,

(3) to make higher education easy, qualitative and accessible, and free
gradually,

(4) to establish and promote community information centres and
libraries for the personality development of citizens,

(5) to keep on enhancing investment necessary in the public health
sector by the State in order to make the citizens healthy,

(6) to ensure easy, convenient and equal access of all to quality health
services,

(7) to protect and promote health systems including Ayurveda, as a
traditional medical system of Nepal, natural therapy and homeopathy
system,

(8) to make private sector investment in the health sector serviceoriented
by regulating and managing such investment, while
enhancing the State’s investment in this sector,

(9) to focus on health research and keep on increasing the number of
health institutions and health workers in order to make health
services widely available and qualitative,

(10) to increase average life expectancy by reducing maternal and infant
mortality rate, while encouraging family planning for population
management on the basis of Nepal’s capacity and need,

(11) to manage unplanned settlement and develop planned and systematic
settlement,

(12) to provide for sustainable production, supplies, storage, security, and
easy and effective distribution of foods by encouraging food
production in tune with climate and soil, in consonance with the
concept of food sovereignty, while enhancing investment in the
agriculture sector,

(13) to ensure planned supply system by according special priority to the
remote and backward regions, while ensuring equal access of all
citizens to basic goods and services,

(14) to enhance investment in the transportation sector, while ensuring
simple, easy and equal access of the citizens to transportation
facilities, and to make the transportation sector safe, systematic and
persons with disabilities friendly by encouraging public
transportation and regulating private transportation, while according
priority to the environment friendly technologies,

(15) to arrange for access to medical treatment while ensuring citizen’s
health insurance.

(i) Policies relating to labour and employment:

(1) to make competent and professional the labour force that has
remained as the main socio-economic strength of the country and
enhance employment within the country, while ensuring a situation
enabling all to work,

(2) to guarantee social security, while ensuring the basic rights of all
labours, in consonance with the concept of decent labour,

(3) to abolish all forms of labour exploitation including child labour,

(4) to encourage participation of labours in management, while maintain
cordial relations between the labours and entrepreneurs

,
(5) to regulate and manage the sector in order to make foreign
employment free from exploitation, safe and systematic and to
guarantee employment and rights of the labours,

(6) to encourage to mobilize the capital, skills, technology and
experience gained from foreign employment in productive sectors in
the country.

(j) Policies relating to social justice and inclusion:

(1) to keep on making appropriate arrangements for the livelihoods of
the helpless single women, while according priority to them in
employment on the basis of skills, competency and qualification,

(2) to make self-dependent the women who are vulnerable, subjected to
social and family exclusion and victims of violence self-reliant by
making their rehabilitation, protection and empowerment,

(3) to ensure enjoyment of requisite services and facilities at the
reproductive stage,

(4) to evaluate economically the work and contribution such as
maintenance of children and care of families,

(5) to take into consideration primarily of the best interests of the child,

(6) to identify the freed bonded labours, Kamlari, Harawa, Charawa,
tillers, landless, squatters and rehabilitate them by providing
housing, housing plot for residence and cultivable land or
employment for their livelihoods,

(7) to create an atmosphere conducive to the full enjoyment of the
political, economic, social and cultural rights, while enhancing the
participation of youths in national development, to make their
personality development, while providing special opportunity in
areas including education, health and employment for the
empowerment and development of the youths and provide them with
appropriate opportunities for the overall development of the State,

(8) to make the indigenous nationalities participate in decisions
concerning that community by making special provisions for
opportunities and benefits in order to ensure the right of these
nationalities to live with dignity, along with their identity, and
protect and promote traditional knowledge, skill, culture, social
tradition and experience of the indigenous nationalities and local
communities,

(9) to make special provisions for opportunities and benefits to minority
communities to enjoy social and cultural rights, with maintaining
their identity,

(10) to make special provisions for equal distribution of economic, social
and cultural opportunities and benefits to the Madhesi community,
Muslims and backward class, and for opportunities and benefits to
the indigent citizens within such communities for their protection,
upliftment, empowerment and development,

(11) to make special provisions for opportunities and benefits for the
protection, upliftment, empowerment and development of the
citizens of the oppressed and backward regions and for the
fulfilment of their basic needs,

(12) to accord priority to the indigent within all sexes, regions and
communities in the provision of social security and social justice,

(13) to make planned investment in sports and sport-persons in order to
prepare healthy, competent and disciplined citizens, and to develop
sports as a means of consolidating national unity and enhancing
national prestige at the international level,

(14) to adopt a single door system for the establishment, approval,
operation, regulation and management of community-based and
national or international non-governmental organizations and to
involve such organizations only in the sectors of national need and
priority, while making investment and role of such organizations
transparent and accountable

.
(k) Policies relating to justice and penal system:

(1) to make the administration of justice speedy, efficient, widely
available, economical, impartial, effective, and accountable to
people,

(2) to pursue alternative means such as mediation and arbitration for the
settlement of disputes of general nature,

(3) to adopt effective measures for the control of corruption and
irregularities in all sectors including political, administrative, judicial
and social sectors

(l) Policies relating to tourism: To develop eco-friendly tourism industries as
an important base of national economy by way of identification, protection,
promotion and publicity of the ancient, cultural, religious, archaeological
and natural heritages of Nepal, to make environment and policy required
for the development of tourism culture, and to accord priority to local
people in the distribution of benefits of tourism industries.
(m) Policies relating to international relations:

(1) to conduct an independent foreign policy based on the Charter of
the United Nations, non-alignment, principles of Panchsheel,
international law and the norms of world peace, taking into
consideration of the overall interest of the nation, while remaining
active in safeguarding the sovereignty, territorial integrity,
independence and national interest of Nepal,

(2) to review treaties concluded in the past, and make treaties,
agreements based on equality and mutual interest.

52. Obligations of the State: It shall be the obligation of the State to make Nepal a
prosperous and affluent country by protecting and promoting fundamental rights
and human rights, pursuing directive principles of the State and gradually
implementing policies of the State, while keeping intact the freedom, sovereignty,
territorial integrity and independence of Nepal.

53. To submit report:

The Government of Nepal shall submit an annual report
containing the steps taken and achievements made in the implementation of the
directive principles, policies and obligations of the State set forth in this Part to the
President, and the President shall cause such report to be laid through the Prime
Minister before the Federal Parliament.

54. Provisions relating to monitoring:

There shall be a committee, in accordance
with law, in the Federal Parliament in order to monitor and evaluate whether the
directive principles, policies and obligations of the State set forth in this Part have
been implemented progressively or not.
55. Questions not to be raised in court:

No question shall be raised in any court as to
whether any matter contained in this Part has been implemented or not.